Skip to main content

Research Integrity and Compliance

Malign Foreign Talent Recruitment Programs

As defined in NSPM-33 Implementation Guidance, Foreign Talent Recruitment Programs (FTRP) are efforts “organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students.” These efforts involve various forms of compensation, including cash, salaries, research funding, honorific titles, in-kind support, among others. Participating in a foreign talent recruitment program is not illegal. However, some Foreign Talent Recruitment Programs seek to misappropriate research and intellectual property through illicit or illegal means. The Federal Government has identified such programs as “Malign Foreign Talent Recruitment Programs” (MFTRP) and has banned participants in MFTRPs from receiving funds from federal sponsors.

As part of the CHIPS and Science Act Section 10632, you are prohibited from participating in a Malign Foreign Talent Recruitment Program and conducting federally sponsored research.

Characteristics of a Malign Foreign Talent Recruitment Program

Any program, position, or activity that includes compensation* by a foreign country at any level in exchange for the individual:

  1. Engaging in the unauthorized transfer of IP, materials, data products, or other nonpublic information
  2. Being required to recruit trainees or researchers to enroll in such program
  3. Establishing a lab or accepting a faculty position in violation of the terms and conditions of a Federal award
  4. Being unable to terminate the foreign talent recruitment program
  5. Being required to duplicate work with a federal award
  6. Being required to apply for funding from the sponsoring foreign government
  7. Being required to omit acknowledgement of the recipient institution or agency sponsoring the research
  8. Being required to not disclose to the Federal research agency participation in such program
  9. Having a conflict of interest or commitment contrary to the terms and conditions of a Federal award

AND

Is sponsored by a foreign country of concern or an entity based in a foreign country of concern. Currently, that includes China, Iran, North Korea, and Russia.

*Compensation is broadly understood and includes cash, in-kind compensation, research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration.

What is not being prohibited by CHIPS:

  • Making scholarly presentations or publishing written materials not otherwise controlled under current law.
  • Participation in international conferences, exchanges, research projects or programs that involve open and reciprocal exchange of scientific information.
  • Advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student.
  • Responsible international collaboration with institutions and scholars, including those in countries of concern. For more information about what is not being prohibited by CHIPS, please see the Office of Science and Technology Policy’s February 2024 Memo on MFTRPs.

If you believe you have been contacted by or involved in a Malign Foreign Talent Recruitment Program, please inform Research Integrity and Compliance.